STATE OF PUNJAB Vs. BALBIR SINGH

JUDGEMENT

(1.) The respondent-plaintiff had served the Police Department from 9.11.1974 till 30.8.1976. He was involved in a criminal case and F.I.R. No. 227 dated 19.08.1976 was registered against him under Sections 366/255/34 I.P.C. Another constable named Hari Krishan was also involved in the F.I.R.. Both were acquitted on 21.1.1977. The grievance of the respondent-plaintiff is that Hari Krishan was taken back in service but similar relief has been declined to the respondent-plaintiff and thus he stood discriminated.

(2.) It appears that the respondent-plaintiff had moved the department for his reinstatement which was declined. The appeal against the same was also rejected. He had accordingly filed this suit to urge that there was no reason to discriminate him viz-a-viz his co-accused Hari Krishan.

(3.) The State contested the suit filed by the respondent plaintiff. The preliminary objection was raised stating the suit filed was time barred. It was also urged that the suit was bad for nonjoinder of necessary parties. The respondent-plaintiff was termed as a temporary constable. The fact that he was acquitted of the criminal charge was conceded and so also the fact that Hari Krishan was taken back in service after his acquittal. The distinction is sought to be drawn on the ground that Hari Krishan was given an fresh appointment w.e.f. 09.08.1982 and he was not taken back in service from the original date of his appointment. Accordingly, the plea of discriminations was denied. The suit was tried on the following issues:-